‘Investigation and Prosecution Separation’ A statement that empowered the Ministry of Justice… Prosecutors “concerned about the Heavy Water Service”

President Moon Jae-in (far left) is receiving a business report from the Minister of Justice Park Beom-gye (character in the picture) at the report on the Ministry of Justice and the Ministry of Public Administration and Security held at the Blue House on the afternoon of the 8th. yunhap news

On the 8th, the Ministry of Justice officialized the position of’Reviewing the Separation Plan for Investigation and Prosecution’ to abolish the direct investigation by the prosecution. President Moon Jae-in, who received this report, also emphasized the settlement of reforms in power institutions, saying, “Separation of the right to prosecute and investigate is the direction that we must continue to move forward.” On the other hand, the government’s so-called ‘completion of prosecution’ (complete deprivation of the prosecution’s right to investigate), the high prosecutors across the country expressed their opposition with an euphemistic expression saying, “We share our awareness of the first-line concerns.”

Justice Minister Park Beom-gye reported to President Moon the “2021 Ministry of Justice’s work plan” and said, “To prevent the abuse of the prosecution’s power to investigate, we will review ways to separate investigations and prosecutions that the public can sympathize with.” Minister Park, who had previously said, “It is desirable to ultimately separate the prosecution’s investigation and prosecution,” announced a full-scale implementation policy, including the’review of separate investigation and prosecution’ in this year’s work plan.

However, it did not specifically mention specific methodologies such as the establishment of the Severe Crime Investigation Office (heavy water office). Shim Woo-jung, head of the Ministry of Justice’s keynote chief, explained in a press briefing that day, “The Ministry of Justice is planning to fully communicate with relevant organizations such as the National Assembly and the prosecution in the course of discussions at the National Assembly so that the public can sympathize with and come up with a plan to avoid worry.” .

President Moon, who received such a report from the Ministry of Justice, said, “Through the reform of the investigative powers and the launch of the Ministry of Public Officials Crime Investigation, we have taken a big step in reforming power institutions, but it has not been completed.” He then emphasized, “The separation of the right to prosecute and investigate for the protection of checks and balances and human rights is the direction that we must continue to move forward.” This is a remark that can be interpreted as empowering the legislation to establish the heavy water office. However, President Moon said, “It is a legislative area, but in the process of legislative prosecution, various opinions including members of the prosecution must be gathered.”

However, toward the prosecution, President Moon issued a message that would be interpreted as a reprimand, saying, “The trust in fairness is not improving.” Although he described the prosecution as “the backbone of our social justice realization” and “the most trusted authority in power”. Immediately, he said that public doubts about the prosecution’s fairness were high, saying, “We must be able to give the people confidence that the exercise of the prosecution’s power is not arbitrary or selective,” he said.

In particular, he specifically pointed out that “from the distribution of cases to the disposition of investigation, prosecution, or non-prosecution, there must be an improvement in the system that is carried out fairly according to objective regulations and standards, rather than freely by those with authority.” He also said, “The prosecution reform can only be successful if the prosecution takes the initiative in reforming itself.” The phrase’the prosecution does what it wants’ is also interpreted as an indirect criticism of former prosecutor general Yoon Seok-yeol, who criticized the Moon Jae-in administration and threw the post of president.

The nationwide high swordsmen who attended the national high swordsman meeting held on the same day expressed their’concern’ about the installation of the heavy water office. After the meeting held in the presence of Prosecutor General Nam-gwan Cho, the prosecutor general of the country said, “We share our awareness of the first-line concerns about the legislative movement that will lead to a significant change in the criminal justice system.” While eagerly expressing opposition to the establishment of the heavy water office, he used an expression with the lowest possible water level. The high prosecutors said, “We decided to actively express opinions according to the procedure in a way that the people sympathize with,” and also expressed their intention to point out the problems of the establishment of the heavy water office in the future legislative process. A prosecutor in charge of a local prosecutor’s office said, “I didn’t strongly oppose the installation of the Heavy Water Office, but the president was carrying a gun, so it seems to have taken into account that if the high prosecutors raised their voices, the organization could become unstable.”

President Moon, who also received a business report from the Minister of Public Administration and Security Jeon Jeon-cheol on that day, asked for the division of roles and cooperation between the prosecution, police, and high-ranking public officials criminal investigation office (airport department). President Moon urged the police, who had the right to terminate the first investigation due to the adjustment of the prosecutor’s right to investigate, “Please prove that if the authority is given, the ability can be increased.” He also encouraged the air defense ministry, saying, “I hope that we will be able to complete the organization as soon as possible and meet the expectations of the people.” Compared to the remarks to the prosecution, the temperature difference was clear.

President Moon said to the police, “We need to develop our ability to command the investigation quickly,” and said, “We should establish a responsible investigation system centered on the National Investigation Headquarters (guksubon) and prepare the autonomous police system without a hitch.” He asked the police to’have the ability to match their authority’. It is also interpreted that it has given power to the noodle copy under investigation of allegations of land speculation by employees of the Korea Land and Housing Corporation (LH). Since the noodle version is the product of the adjustment of the prosecutor’s right to investigate, the outcome of this investigation can be directly linked to the evaluation of the Moon Jae-in government’s prosecution reform.

President Moon emphasized that “the LH speculation suspicion is the first case that requires organic cooperation of the prosecutors,” and ordered cooperation, saying, “The prosecution also needs cooperation to establish the investigation know-how, techniques, and direction.” He also added, “The organic cooperation between the prosecution and the police is an important task in finalizing the adjustment of the investigative power.” The emphasis on cooperation between prosecutors is also interpreted in order to dispel some doubts about whether thorough investigation of the truth and strict punishment is possible only with the government’s own investigation and the investigation of noodles. It is also a defense against the opposition offensive demanding that the prosecutors go.

Aram Ahn reporter

Shin Eun-byul reporter

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